News Author: James Stensel
Community or Separate Property? Beware of THE Mortgage Rule
What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community property. However, beware; if your spouse signs off on the mortgage liability associated with your separate property
Valuing Real Estate in Divorce Cases
Washington State divorce laws provide that in every case the trial court must order a “just and equitable” distribution of the parties’ property and liabilities, whether community or separate. RCW 26.09.080. This includes real estate. Of course, before the court can decide how to divide and award property, it must first determine the value of
Is Vaccinating your Children for COVID-19 an Emergency Parenting Decision?
If you are divorcing with children, there are two primary issues that the court must decide as it relates to your kids. The first is a residential schedule which addresses when your children will physically be with you and when they will be with your spouse. The second is decision-making which deals specifically with how
Fighting for Fido – the Disposition of Pets in Divorce in Washington State
Sometimes divorce means saying goodbye to more than just your spouse. In the State of Washington, dogs, cats, and other household animals are considered personal property. Accordingly, when it comes to pets, as part of the division of assets in a divorce case the court must decide who gets to keep our furry friends, without
TOP TEN TIPS FOR A POSITIVE OUTCOME IN YOUR DIVORCE
Success is not a single achievement, it is a series of continued improvements. When going through a divorce, you may want to turn your fate over to your attorney and courts and hope for the best. However, you play a unique role in the outcome and must be an active thinker and smart participant. What
Seven Things to Do Before Announcing Your Intent to Divorce
Your divorce can be one of the most important business decisions that you make in your lifetime. Whether you have years of employment ahead, have stayed home to support the household, or are nearing retirement, a divorce is a life event with long lasting personal, emotional, and financial implications. Some couples are quick to call
Law Provides Much-Needed Relief from Abusive Litigation by Domestic Violence Perpetrators
In March 2020, the Washington State Legislature passed legislation against “abusive litigation.” Abusive litigation is regularly perpetrated by domestic violence abusers and has been referred to as “legal bullying.” . In addressing this problem, the Legislature recognized that family law cases including dissolutions, legal separations, parenting plan actions, and protection order proceedings are commonplace for
Pro Tips for Virtual Mediation in Divorce
In the shadow of COVID-19, change in the way that lawyers resolve cases has become a necessity. In the area of Family Law, and in divorce cases, social distancing and quarantine have altered the tools used to assist parties with their disputes. Pre-pandemic, more than 90 percent of divorce cases settled prior to trial. With